ORDER
SCHLESINGER, District Judge.
This cause is before the Court on cross-motions for summary judgment filed by United States Fidelity & Guaranty (Doc. No. 45) in Case No. 88-1633-Civ-T-99 and by Ernest Construction Company (Doc. No. 48) in Case No. 88-239-Civ-T-99. Also, Ernest filed a Motion to Amend the Complaint and
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